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*Cross reference(s)--Nuisances, ch. 10.

State law reference(s)--Crimes, MSA Title 28.

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ARTICLE I. IN GENERAL
Sec. 11-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accused, person and similar words shall include, unless a contrary intention appears, public and private corporations, copartnerships and unincorporated or voluntary associations.
Act or doing of an act shall include "omission to act."
Property shall include any matter or thing upon or in respect to which any offense may be committed.
Public place shall mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public, and any other place which is open to the public view, or to which the public has access.
Writing, written and any term of like import shall include words printed, painted, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye.
(Ord. No. 108, § 3, 5-9-72)
Sec. 11-2. Rules of construction.
The rule that a criminal statute is to be strictly construed shall not apply to this chapter or any of the provisions thereof. All provisions of this chapter shall be construed according to the fair import of their terms, to promote justice and to effect the objects of the law.
(Ord. No. 108, § 2, 5-9-72)
Sec. 11-3. Begging.
(a) It shall be unlawful for any person within the township to beg in a public place from passersby, either by words, gestures or by the exhibiting of a sign.
(b) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 29, 5-9-72; Ord. No. 108A, § 1, 4-8-98)
State law references: Persons found begging in a public place defined as disorderly persons, MCL 750.167(1)(h), MSA 28.364(1)(h).
Sec. 11-4. Window peeping.
It shall be unlawful for any person to look, peer, or peep into, or be found loitering around, or within view of any window not on his own property, with the intent of looking through such window in such a manner as would be likely to interfere with the occupant's reasonable expectation of privacy without the occupant's express or implied consent.
(Ord. No. 108, § 24, 5-9-72)
State law references: Such person defined as a disorderly person, MCL 750.167(1)(c), MSA 28.364(1)(c).
Sec. 11-5. Fortunetelling.
(a) It shall be unlawful for any person within the township to pretend for money or gain, to tell fortunes, or to predict future events by cards, tokens, trances, the inspection of the hands or the conformation of the skull of any person, by mindreading, or by consulting the movements of the heavenly bodies or by other means.
(b) It shall be unlawful for any person within the township to pretend by or through means of palmistry, phrenology, clairvoyancy, astrology or fortunetelling by cards or other devices for money or gain, to enable anyone to get or recover lost or stolen property, or to give success in business, enterprise, speculation or games of chance, or to make one person dispose of property, business or valuable thing in favor of another.
(c) It shall be unlawful for any person within the township to publish by card, circular, sign, newspaper or any other means whatsoever, that he shall or will predict future events, and any person whose fortune may have been told, as aforesaid, shall be a competent witness against all persons charged with any violation of the preceding subsections.
(Ord. No. 108, §§ 17, 64, 66, 67, 5-9-72)
State law references: Similar provisions, MCL 750.267 et seq., MSA 28.478 et seq.
Sec. 11-6. Loitering near place of illegal occupation or business.
It shall be unlawful for any person within the township to knowingly loiter in or about any place where an illegal occupation or business is being conducted.
(Ord. No. 108, §§ 108, 28, 5-9-72)
State law references: Such person deemed a disorderly person, MCL 750.167(1)(j), MSA 28.364(1)(j).
Sec. 11-7. Illegal occupation or business.
It shall be unlawful for any person to engage in any illegal occupation or business in any public place.
(Ord. No. 108, § 27, 5-9-72)
Sec. 11-8. Prowling.
(a) It shall be unlawful for any person to prowl about any alley or private premises of any other person in the night time, without authority or the permission of the owner of such premises.
(b) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 25, 5-9-72; Ord. No. 108A, § 2, 4-8-98)
Secs. 11-9--11-35. Reserved.
ARTICLE II. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
Sec. 11-36. Escape.
(a) No person shall offer or endeavor to assist any person in the custody of a police officer, a member of the police department or a person duly empowered with police authority to escape or attempt to escape from such custody.
(b) No person shall make available to, present to or place within the reach of any person confined, under the authority of the township, any intoxicating or malt liquor or any tool, implement, or other thing calculated to aid the escape of such person so confined, or any other person so confined, or any other person confined, under authority of the township.
(c) No person shall assist or aid, or attempt to assist or aid any person in the custody of, or confined under the authority of the township to escape from jail, place of confinement of custody.
(d) No person shall, while a prisoner in the jail, or at any place where the prisoners are confined, or otherwise in custody of any confined by the township escape or attempt to escape or to assist others to escape or to attempt to escape from such custody or confinement.
(Ord. No. 108, § 14(b), (d)--(f), 5-9-72)
Sec. 11-37. False police identification, insignia.
No person other than an official police officer of the township shall wear or carry the uniform apparel, badge, identification card or any other insignia of office like or similar to, or a colorable imitation of that adopted and worn, or carried by the official police officers of the township.
(Ord. No. 108, § 14(c), 5-9-72)
Sec. 11-38. Resisting officer.
It shall be unlawful for any person to resist any police officer or other law enforcement agent while in the discharge or apparent discharge of his duty, or in any way interfere with or hinder him in the discharge of his duty.
(Ord. No. 108, § 14, 5-9-72)
State law references: Resisting officer in discharge of duty, MCL 750.479, MSA 28.747.
Sec. 11-39. False police or fire calls.
It shall be unlawful for any person to summon, as a joke or prank or otherwise without any good reason therefor, by telephone or otherwise, the police or the fire department or any public or private ambulance to go to any address where the service called for is not needed.
(Ord. No. 108, § 19, 5-9-72)
Sec. 11-40. False report of crime.
No person shall make or file with the police department of the township any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring within the township.
(Ord. No. 108, § 21, 5-9-72)
Secs. 11-41--11-60. Reserved.
ARTICLE III. OFFENSES AGAINST THE PERSON
Sec. 11-61. Assault and battery.
It shall be unlawful for any person within the township to attempt or offer, with force and violence, to do a corporal hurt to another, or assault and/or batter any other person.
(Ord. No. 108, § 4, 5-9-72)
State law references: Similar provisions, MCL 750.81, MSA 28.276.
Sec. 11-62. Malicious acts.
Any person is guilty of a misdemeanor who maliciously uses any service provided by a communications common carrier with intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy any other person, or to disturb the peace and quiet of any other person by any of the following:
(1) Threatening physical harm or damage to any person or property in the course of a telephone conversation.
(2) Falsely and deliberately reporting by telephone or telegraph message that any person has been injured, has suddenly taken ill, has suffered death, or has been the victim of a crime, or of an accident.
(3) Deliberately refusing or failing to disengage a connection between a telephone and another telephone or between a telephone and other equipment provided for the transmission of messages by telephone, thereby interfering with any communications service.
(4) Using any vulgar, indecent, obscene or offensive language or suggesting any lewd or lascivious act in the course of a telephone conversation.
(Ord. No. 108, §§ 20, 22, 5-9-72)
State law references: Similar provisions, MCL 750.540e, MSA 28.808(5).
Sec. 11-63. Nonsupport of family.
It shall be unlawful for any person of sufficient ability within the township to refuse or neglect to support his family.
(Ord. No. 108, § 23, 5-9-72)
State law references: Desertion and nonsupport, MCL 750.161, MSA 28.358; person neglecting family deemed a disorderly person, MCL 750.167(1)(a), MSA 28.364(1)(a).
Sec. 11-64. Malicious annoyance.
It shall be unlawful for any person to knowingly send or deliver or make, and for the purpose of being delivered or sent, to part with the possession of any letter, postal card or writing containing any obscene language with or without a name subscribed thereto, or signed with a fictitious name, or with any letter, mark or other designation, with the intent thereby to cause annoyance to any person, or with a view or intent to extort or gain any money or property of any description belonging to another.
(Ord. No. 108, § 20, 5-9-72)
Sec. 11-65. Annoying conduct.
It shall be unlawful for any person to insult, accost, molest or otherwise annoy, either by word of mouth, sign or motion any person in any public place.
(Ord. No. 108, § 10, 5-9-72)
Sec. 11-66. Domestic assault or assault and battery.
(1) It shall be unlawful for any person to commit an assault, or an assault and battery on his or her spouse or former spouse, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household. A peace officer may arrest an individual for violating this section, regardless or whether the peace officer has a warrant or whether the violation was committed in his or her presence, if the peace officer has reasonable cause to believe both of the following:
(a) The violation occurred or is occurring.
(b) The individual has had a child in common with the victim, resides or has resided in the same household as the victim, or is the spouse or former spouse of the victim.
(2) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has reasonable cause to believe all of the following apply:
(a) A personal protection order has been issued under section 2950 or 2950a of the Revised Judicature Act of 1961, Act No. 236 of the Public Acts of 1961, being MCL 600.2950 and 600.2950a.
(b) The individual named in the personal protection order is in violation of the order. An individual is in violation of the order if the individual commits one or more of the following acts the order specifically restrains or enjoins the individual from committing:
(i) Assaulting, attacking, beating, molesting, or wounding a named individual.
(ii) Removing minor children from an individual having legal custody of the children, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.
(iii) Entering onto premises.
(iv) Engaging in conduct prohibited under section 411h or 411i of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, being MCL 750.411h and 750.411i.
(v) Threatening to kill or physically injure a named individual.
(vi) Purchasing or possessing a firearm.
(vii) Interfering from petitioner's efforts to remove petitioner's children or personal property from premises that are solely owned or leased by the individual to be restrained or enjoined.
(viii) Interfering with petitioner at petitioner's place of employment or education or engaging in conduct that impairs petitioner's employment or educational relationship or environment.
(ix) Any other act or conduct specified by the court in the personal protection order.
(c) The personal protection order states on its face that a violation of its terms subjects the individual to immediate arrest and either of the following:
(i) If the individual restrained or enjoined is 17 years of age or older, to criminal contempt of court and, if found guilty of criminal contempt, to imprisonment for not more than 93 days and to a fine of not more than $500.00.
(ii) If the individual restrained or enjoined is less than 17 years of age, to the dispositional alternatives listed in section 18 of chapter XIIA of the Probate Code, Act No. 288 of the Public Acts of 1939, MCL 712A.18.
(3) Any person arrested pursuant to subsection (1) shall not be released on an interim bond or on his or her own recognizance, but shall be held until he or she can be brought before a magistrate for arraignment. If a magistrate is not available, or trial cannot be held, within 24 hours of arrest, the person shall be held for 20 hours, after which the person may be released on an interim bond or on his or her own recognizance.
(4) For any person arrested pursuant to subsection (2), the procedures specified in MCL 764.15b shall apply.
(5) After investigating or intervening in a domestic dispute as described in this section, a peace officer shall provide the victim with a copy of the notice specified in MCL 764.15c(1).
(6) The peace officer shall prepare a domestic violence report after investigating or intervening in a domestic dispute or an incident involving domestic violence. The report shall contain, but is not limited to containing, all of the information specified in MCL 764.15c(2).
(7) The law enforcement agency shall retain the completed domestic violence report in its files. The law enforcement agency shall also file a copy of the completed domestic violence report with the prosecuting attorney within 48 hours after the dispute or incident is reported to the law enforcement agency.
(8) Any person violating this section may be imprisoned for not more than 93 days and/or fined not more than $500.00 or both.
(Ord. No. 165, § 1, 10-21-98; Ord. No. 165A, § 1, 10-20-99)
Secs. 11-67--11-85. Reserved.
ARTICLE IV. OFFENSES AGAINST PROPERTY
Sec. 11-86. Fraudulent procurement of food and lodging.
It shall be unlawful for any person to stop, put up, board or lodge at any boarding house as a guest or boarder by the day, week or month, or to procure any food, entertainment or accommodation without paying therefor, unless there is a distinct and express agreement made by such person with the owner, proprietor or keeper of such boarding house for credit, with intent to defraud such owner, proprietor or keeper out of the pay for such board, lodging, food, entertainment or accommodations, or for any person who, with intent to so defraud, to obtain credit at any boarding house for such board, lodging, food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto. Provided, that no conviction shall be made within ten days of the time of the violation thereof.
(Ord. No. 108, § 68, 5-9-72)
Sec. 11-87. Fraudulent procurement of lodging--Prohibited.
It shall be unlawful for any person to put up at any hotel, motel, inn, restaurant or cafe as a guest and to procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or for any person with intent to defraud such keeper out of the pay therefor, to obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto.
(Ord. No. 108, § 69, 5-9-72)
Sec. 11-88. Same--Prima facie evidence of intent.
Obtaining food, lodging, accommodation, by false pretense or by false or fictitious show of baggage or other property, or refusal or neglect to pay therefor on demand, or payment thereof with check, draft or order upon a bank or other depository on which payment was refused or absconding without paying or offering to pay therefor, or surreptitiously removing or attempting to remove baggage, shall be prima facie evidence of such intent to defraud mentioned in sections 11-86 and 11-87.
(Ord. No. 108, § 70, 5-9-72)
Sec. 11-89. Littering generally.
(a) It shall be unlawful for any person to knowingly dump, deposit, place, throw or leave, or cause to permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property or waters other than property designated and set aside for such purposes.
(b) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 62, 5-9-72; Ord. No. 108A, § 3, 4-8-98)
Sec. 11-90. Dangerous substances.
It shall be unlawful for any person to place or throw glass or other dangerous pointed or edged substances in or on any beach or waters adjacent thereto, highway, or walk, or on public property within 50 feet of a public highway.
(Ord. No. 108, § 63, 5-9-72)
Sec. 11-91. Conversion of library property.
It shall be unlawful for any person to procure or take in any way from any public library or the library of any literary, scientific, historical or library society or association, whether incorporated or unincorporated any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof, with intent to convert the same to be his own use, or with intent to defraud the owner thereof, or who having procured or taken any such book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof to thereafter convert the same to his own use or fraudulently deprive the owner thereof.
(Ord. No. 108, § 54, 5-9-72)
Sec. 11-92. Malicious destruction of literary property.
It shall be unlawful for any person to wilfully, maliciously or wantonly tear, deface or mutilate or write upon, or by other means injure or mar any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof belonging to or loaned to any public library, or to the library of any literary, scientific, historical or library society or association, whether incorporated or unincorporated.
(Ord. No. 108, § 57, 5-9-72)
Sec. 11-93. Larceny.
It shall be unlawful for any person to commit the offense of larceny, by stealing, of the property of another, any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order or certificate, or any book of accounts for or concerning money or goods due or to become due, or to be delivered, or any deed or writing containing a conveyance of land, or any other valuable contract in force, or any receipt, release or any writ, process or public record, if the property stolen shall be of the value of $100.00 or less.
(Ord. No. 108, § 60, 5-9-72)
Sec. 11-94. Bad checks--Prohibition.
Any person who, with intent to defraud, shall make or draw or utter or deliver within the township any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of such making, drawing, uttering or delivering, that the maker, or drawer, has not sufficient funds in or credit with such bank or other depository, for the payment of such check, draft or order, in full, upon its presentation, or any person who, with the intent to defraud, shall make, draw, utter or deliver within the township any check, draft or order for the payment of money to apply on account or otherwise, upon any bank or other depository and who shall not have sufficient funds for the payment for same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, attachment, levy or other lawful cause, and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing, shall, if the amount payable in the check is $50.00 or less, such persons shall be guilty of a misdemeanor.
(Ord. No. 108, § 71, 5-9-72)
Sec. 11-95. Same--Evidence.
As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, thereof, the amount due thereon, together with all costs and protest fee, within five days after receiving notice that such check, draft or order has not been paid by the drawee.
(Ord. No. 108, § 72, 5-9-72)
Sec. 11-96. Same--Notice of protest as evidence.
Where a bad check, draft or order is protested, on the grounds of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest and shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds or credit with such bank or other depository.
(Ord. No. 108, § 73, 5-9-72)
Sec. 11-97. Same--Credit construed.
The word "credit" as used in sections 11-94 and 11-96 shall be construed to mean an arrangement or understanding with the bank or depository, for the payment of such check, draft or order, in full, upon the presentation thereof for payment.
(Ord. No. 108, § 74, 5-9-72)
Sec. 11-98. Same--False pretenses with intent to defraud.
It shall be unlawful for any person to with intent to defraud or cheat, to designedly, by color or any false token or writing or by any false or bogus check or other written, printed or engraved instrument, by spurious coin or metal in the similitude of coin, or by any other false pretense, cause any person to grant, convey, assign, demise, lease or mortgage any land or interest in land, or obtain the signature of any person to any written instrument, the making whereof would be punishable as forgery, or obtain from any person any money or personal property or the use of any instrument, facility or article or other valuable thing or service, or by means of any false weights or measures obtain a larger amount or quantity or property other than was bargained for, or by means of any false weights or measures sell or dispose of a less amount or quantity of property than was bargained for, if such and or interest in land, money, personal property, use of such instrument, facility or article, valuable thing, service, larger amount of obtained or less amount disposed of, shall be of the value of $100.00 or less.
(Ord. No. 108, § 75, 5-9-72)
State law references: Similar provisions, MCL 750.131, MSA 28.326.
Sec. 11-99. Obtaining credit by false device.
It shall be unlawful for any person to knowingly obtain or attempt to obtain credit, or purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious or counterfeit credit card, credit number, telephone number of other credit device, or by the use of any credit card, without the authority of the person to whom such card, number or device was issued, or by the use of any credit card, credit number, telephone number or other credit card, credit number or device has been revoked and notice of revocation has been given to the person to whom issued.
(Ord. No. 108, § 76, 5-9-72)
Sec. 11-100. Receiving, concealing, stolen, etc., property.
(a) A person who buys, receives, possesses, conceals, or aids in the concealment of stolen, embezzled, or converted money, goods, or property knowing the money, goods, or property to be stolen, embezzled or converted is guilty of a misdemeanor, if the value of the stolen, embezzled, or converted money, goods, or property is $100.00 or less.
(b) A person who is a dealer in or collector of merchandise or personal property, or the agent, employee, or representative of a dealer or collector who fails to make reasonable inquiry that the person selling or delivering the stolen, embezzled, or converted property to the dealer or collector has a legal right to do so or who buys or receives stolen, embezzled, or converted property which has a registration, serial, or other identifying number altered or obliterated on an external surface of the property, shall be presumed to have bought or received the property knowing the property to be stolen, embezzled, or converted. This presumption may be rebutted by proof.
(Ord. No. 108, § 59, 5-9-72)
State law references: Similar provisions, MCL 750.535, MSA 28.803.
Sec. 11-101. Malicious destruction of property generally.
It shall be unlawful for any person within the township to willfully and maliciously destroy or injure the real or personal property of another, or the appurtenances thereof, and where the damage done shall be $100.00 or less.
(Ord. No. 108, §§ 55, 56, 5-9-72)
State law references: Similar provisions, MCL 750.377a, MSA 28.609(1).
Sec. 11-102. Tampering with motor vehicle.
Any person shall be guilty of a violation of this Code who shall:
(1) Intentionally and without authority from the owner, start or cause to be started the motor of any motor vehicle, or maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which it was left by the owner or driver of such motor vehicle; or
(2) Intentionally cut, mark, scratch or damage the chassis, running gear, body, sides, top, covering or upholstering of any motor vehicle, the property of another, or intentionally cut, mash, mark, destroy or damage such motor vehicle, or any of the accessories, equipment, appurtenances or attachments thereof, or any spare or extra parts thereon being or thereto attached, without the permission of the owner thereof; or
(3) Intentionally release the brake upon any standing motor vehicle, with intent to injure such machines and cause the same to be removed without the consent of the owner; provided, that this section shall not apply in case of moving or starting of motor vehicles by the police under authority of local ordinance or by members of fire departments in case of emergency in the vicinity of a fire.
(Ord. No. 108, § 51, 5-9-72)
State law references: Similar provisions, MCL 750.416, MSA 28.648.
Sec. 11-103. Upon lands or premises of another.
Any person who shall willfully enter upon the lands or premises of another without lawful authority, after having been forbidden so to do, or after such lands or premises have been previously posted with a conspicuous notice forbidding any trespass thereon by the owner or occupant, or agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, or agent or servant of either, who, without lawful authority neglects or refuses to depart therefrom, shall be responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 58, 5-9-72; Ord. No. 108A, § 4, 4-8-98)
State law references: Similar provisions, MCL 750.552, MSA 28.820(1).
Sec. 11-104. Throwing stones or missiles.
It shall be unlawful for any person within the township to throw any stone, brick or any other missile at any motorbus, automobile or other motor vehicle, or from any such vehicle.
(Ord. No. 108, §§ 35, 36, 5-9-72)
Sec. 11-105. Interference and destruction of township property.
It shall be unlawful for any person to wilfully destroy, remove, damage, alter or in any manner deface any property not his own, or any public school building, bridge, fire hydrant, alarm box, street light, street sign or mark or post hand bills on, or in any manner mar the walls of, any public building, or destroy, tree or pole within the township, or destroy, take or meddle with any property belonging to the township or remove the same from the building or place where it may be kept, placed or stored, without proper authority, or disturb, tamper with, disconnect or damage a water meter without proper authority.
(Ord. No. 108, § 50, 5-9-72)
Sec. 11-106. Breaking and entering or entering without breaking, without permission, places open to public.
(a) It shall be unlawful for any person to break and enter or to enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car, or structure used or kept for public or private use or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the outbuildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof. Provided, this section shall not apply to entering without breaking any place which at the time of such entry was open to the public, unless such entry has been expressly denied.
(b) This section shall not apply in cases where the breaking and entering or entering without breaking were committed by a peace officer or some one under his direction in the lawful performance of his duties as such peace officer.
(Ord. No. 108, § 52, 5-9-72)
Secs. 11-107--11-125. Reserved.
ARTICLE V. OFFENSES AGAINST PUBLIC PEACE
Sec. 11-126. Obstructing traffic.
It shall be unlawful for any person to play any ball game in any public street or sidewalk or otherwise obstruct traffic on any street or sidewalk by collecting in groups thereon, for any purpose.
(Ord. No. 108, § 13, 5-9-72)
Sec. 11-127. Breach of peace.
(a) Any person who shall make or assist in making any noise, disturbance, trouble or improper diversion, or any rout or riot, by which the peace and good order of the township are disturbed, shall be responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 7, 5-9-72; Ord. No. 108A, § 5, 4-8-98)
State law references: Disturbing public places, MCL 750.170, MSA 28.367.
Sec. 11-128. Permitting gathering of disorderly persons.
It shall be unlawful for any person within the township to permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous or disorderly persons.
(Ord. No. 108, § 8, 5-9-72)
Sec. 11-129. Jostling.
It shall be unlawful for any person within the township to be found jostling or roughly crowding people unnecessarily in a public place.
(Ord. No. 108, § 9, 5-9-72)
State law references: Such person defined as a disorderly person, MCL 750.167(1)(l), MSA 28.364(1)(l).
Sec. 11-130. Fighting.
It shall be unlawful for any person within the township to engage in any disturbance, fight or quarrel in a public place.
(Ord. No. 108, § 11, 5-9-72)
Sec. 11-131. Disorderly intoxication.
It shall be unlawful for any person within the township to be intoxicated in a public place and to either endanger directly the safety of another person or of property or act in a manner that causes a public disturbance.
(Ord. No. 108, § 1, 5-9-72)
State law references: Intoxicated person defined as a disorderly person, MCL 750.167(1)(e), MSA 28.364(1)(e).
Sec. 11-132. Gatherings and meetings.
It shall be unlawful for any person within the township to willfully interrupt or disturb on any day of the week any assembly of people met for the worship of God within the place of such meeting or out of it, or to make or excite any disturbance or contention in any tavern, dance hall, beer garden, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, ground or park or at any election or other public meeting in the township where any persons are peaceably and lawfully assembled.
(Ord. No. 108, § 6, 5-9-72)
State law references: Disturbance of religious worship, MCL 750.169, 725.525, MSA 28.133, 28.366; disturbing public places, MCL 750.170, MSA 28.367.
Sec. 11-133. Loitering.
(a) In this section the following words and phrases shall have the meanings respectively ascribed to them:
Loitering shall mean remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and also includes the colloquial expression "hanging around."
Public place shall mean any place to which the general public has access and a right of resort for business, entertainment or for lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
(b) It shall be unlawful for any person within the township to loiter, loaf, wander, stand or remain idle either alone or in consort with others in a public place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians after having been told to move on by a police officer.
(2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto after having been told to move on by a police officer.
(3) Obstruct the entrance to any business establishment, without so doing for some lawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.
(c) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 12, 5-9-72; Ord. No. 108A, § 6, 4-8-98)
State law references: Certain loiterers deemed disorderly persons, MCL 750.167, MSA 28.364.
Secs. 11-134--11-155. Reserved.
ARTICLE VI. OFFENSES AGAINST PUBLIC MORALS
DIVISION 1. GENERALLY
Sec. 11-156. Improper language.
(a) It shall be unlawful for any person to utter vile, profane or obscene language in any public place.
(b) It shall be unlawful for any person to use any indecent, obscene, vulgar or insulting language in the presence or hearing of any woman or child.
(Ord. No. 108, §§ 16, 77, 5-9-72)
Sec. 11-157. Indecent exposure.
It shall be unlawful for any person within the township to knowingly make any open or indecent exposure of his person or of the person of another.
(Ord. No. 108, § 18, 5-9-72)
State law references: Similar provisions, MCL 750.335a, MSA 28.567(1).
Sec. 11-158. Indecent or obscene conduct.
It shall be unlawful for any person within the township to engage in any indecent or obscene conduct in any public place.
(Ord. No. 108, § 15, 5-9-72)
State law references: Such person deemed a disorderly person, MCL 750.167(1)(f), MSA 28.364(1)(f).
Sec. 11-159. Prostitution generally.
(a) It shall be unlawful for any person within the township to commit or offer or agree to commit a lewd act or an act of prostitution or moral perversion.
(b) It shall be unlawful for any person within the township to secure or offer another for the purpose of committing a lewd act or an act of prostitution or moral perversion.
(c) It shall be unlawful for any person within the township to be in or near any place frequented by the public or any public place for the purpose of inducing, enticing or procuring another to commit a lewd act or an act of prostitution or moral perversion.
(d) It shall be unlawful for any person within the township to knowingly transport any person to any place for the purpose of committing a lewd act or an act of prostitution or moral perversion.
(e) It shall be unlawful for any person within the township to knowingly receive or offer to or agree to receive any person into any place or building for the purpose of performing a lewd act or an act of prostitution or moral perversion or to knowingly permit any person to remain in any place or building for any such purpose.
(f) It shall be unlawful for any person within the township to direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion.
(Ord. No. 108, § 86, 5-9-72)
State law references: Prostitution, MCL 750.448 et seq., MSA 28.703 et seq.
Sec. 11-160. Soliciting and accosting.
It shall be unlawful for any person within the township, male or female, 17 years of age or older, to accost, solicit or invite another in any public place or in or from any building or vehicle by word, gesture or any other means to commit prostitution or to do any other lewd or immoral act. This section shall not apply to a law enforcement officer while in the performance of his duties as an enforcement officer.
(Ord. No. 108, § 85, 5-9-72)
State law references: Similar provisions, MCL 750.448, MSA 28.703.
Sec. 11-161. Inhalation of fumes.
No person shall inhale, drink, eat or otherwise introduce into his respiratory or circulatory system any compound, liquid, chemical or any substance known as glue, adhesive cement, mucilage, dope, plastic solvent or combination thereof with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any manner changing, distorting the eyesight, thinking process, judgment, balance or coordination of such person. For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition.
(Ord. No. 108, § 30, 5-9-72)
Sec. 11-162. Medical use.
The provisions of section 11-161 shall not pertain to any person who inhales, drinks, eats or otherwise introduces into his circulatory or respiratory system such material or substance pursuant to the direction or prescription of any doctor, dentist or other person authorized to do so, direct or prescribe.
(Ord. No. 108, § 30, 5-9-72)
Secs. 11-163--11-175. Reserved.
DIVISION 2. CONTROLLED SUBSTANCES
Sec. 11-176. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Controlled substance shall mean any drug, substance, or immediate precursor enumerated in article 7 of Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.7101 et seq., MSA 14.15(7101) et seq.), as amended.
Drug paraphernalia shall mean all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. It includes but is not limited to the following:
(1) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(3) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
(5) Scales and balances used or intended for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances.
(7) Separation gins and sifters used or intended for use in removing twigs and weeds from, or in otherwise cleaning or refining, marijuana.
(8) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(9) Capsules, balloons, envelopes and other containers used or intended for use, in packaging small quantities of controlled substances.
(10) Containers and other objects used or intended for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other objects used or intended for use in injecting controlled substances into the human body.
(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Cocaine vials.
f. Chamber pipes.
g. Carburetor pipes.
h. Electric pipes.
i. Air-driven pipes.
j. Chillums.
k. Bongs.
l. Ice pipes or chillers.
Intent or intended shall refer to the intent of the person charged with violation of this division.
Marijuana shall mean all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(Ord. No. 149, § 1, 6-21-89; Ord. No. 150, § 1, 6-21-89)
Sec. 11-177. Relevant factors.
In determining whether an object is drug paraphernalia, in addition to all other relevant factors, the following factors shall be considered.
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) The proximity of the object to controlled substances.
(3) The existence of any residue of controlled substances on the object.
(4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to persons whom he knows intend to use the object to violate any provision of this division.
(5) Instructions, oral or written, provided with the object concerning its use.
(6) Descriptive materials accompanying the object which explain or depict its use.
(7) National and local advertising concerning its use known to the defendant.
(8) The manner in which the object is displayed for sale.
(9) The existence and scope of legitimate uses for the object in the community.
(10) Expert testimony concerning its use.
(Ord. No. 149, § 2, 6-21-89)
Sec. 11-178. Possession, manufacture, and sale of drug paraphernalia.
(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this division.
(b) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with the intent to deliver or sell, drug paraphernalia, knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this division.
(c) No person 18 years of age or over shall deliver drug paraphernalia to a person under 18 years of age.
(d) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with state law. This section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by this Code or township ordinances.
(e) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the township.
(Ord. No. 149, § 3, 6-21-89)
Sec. 11-179. Marijuana.
(a) Prohibition. No person shall use or knowingly or intentionally possess marijuana within the township.
(b) Exception. The prohibition of this section shall not apply to marijuana used or possessed pursuant to a marijuana controlled substances therapeutic research program, as provided in the Michigan Public Health Code, sections 7335 and 7336 of Act. No. 368 of the Public Acts of 1978 (MCL 333.7335, 333.7336, MSA 14.15(7335), 14.15(7336)), as amended.
(Ord. No. 150, §§ 2, 3, 6-21-89)
Secs. 11-180--11-200. Reserved.
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
Sec. 11-201. Objects thrown into path of vehicles.
It shall be unlawful for any person to knowingly cause any litter or any object to fall or to be thrown into the path or to hit a vehicle traveling the highway.
(Ord. No. 108, § 61, 5-9-72)
Sec. 11-202. Excavations.
(a) It shall be unlawful for any person to dig or cause to be dug an excavation or a partially constructed basement for any building or structure, and who shall fail to cover or safely fence the same within a period of 90 days after such excavations have been commenced.
(b) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 37, 5-9-72; Ord. No. 108A, § 7, 4-8-98)
Sec. 11-203. Abandonment of refrigerators, etc., with airtight doors.
(a) It shall be unlawful for any person to leave outside of any building or dwelling, or in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, trunk, or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of the icebox, refrigerator, trunk or other container, without first removing the locks or doors therefrom.
(b) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 108, § 49, 5-9-72; Ord. No. 108A, § 8, 4-8-98)
State law references: Similar provisions, MCL 750.493d, MSA 28.761(4).
Sec. 11-204. Destroying or injuring property by careless, reckless or negligent discharge of firearm.
It shall be unlawful for any person to because of carelessness, recklessness or negligence, but not wilfully or wantonly, cause or allow any firearm under his control to be discharged so as to destroy or injure the property or another, real or personal.
(Ord. No. 108, § 53, 5-9-72)
Sec. 11-205. Aiming firearm.
It shall be unlawful for any person within the township to intentionally, without malice, point or aim any firearm at or toward any other person.
(Ord. No. 108, § 31, 5-9-72)
State law references: Similar provisions, MCL 750.233, MSA 28.430.
Sec. 11-206. Possession or control of firearm while intoxicated.
It shall be unlawful for any person within the township, while under the influence of an alcoholic liquor or any exhilarating or stupefying drug, to carry, have in possession or control, or use in any manner, or discharge any firearm.
(Ord. No. 108, § 32, 5-9-72)
State law references: Similar provisions, MCL 750.237, MSA 28.434.
Sec. 11-207. Reckless use of firearms.
It shall be unlawful for any person to recklessly or heedlessly or wilfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others.
(Ord. No. 108, § 33, 5-9-72)
Sec. 11-208. BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BB's not exceeding 0.177 calibre by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Ord. No. 108, § 34, 5-9-72)
Secs. 11-209--11-220. Reserved.
DIVISION 2. HUNTING
Sec. 11-221. Definitions.
All words and phrases used in this division shall be construed and have the same meanings as those words and phrases defined in Act No. 159 of the Public Acts of Michigan of 1967 (MCL 317.331 et seq., MSA 13.1397(101) et seq.), as amended.
(Ord. No. 151, § I, 10-17-90)
Sec. 11-222. Authority.
This division is adopted by authority conferred upon the township by Act No. 246 of the Public Acts of Michigan of 1945 (MCL 41.181 et seq., MSA 5.45(1) et seq.), as amended, and Act No. 159 of the Public Acts of Michigan of 1967 (MCL 317.331 et seq., MSA 13.1397(101) et seq.), as amended.
(Ord. No. 105, § 5, 10-26-71)
Sec. 11-223. Where prohibited.
(a) Hunting with a firearm is prohibited in the following portions of the township, being Town 2 north, Range 7 east:
Section 1; that portion of Section 2 east of Weaver Road; that portion of Section 4 south of Commerce Road; that portion of Section 5 south of Commerce Road; Section 8; Section 9; that portion of Section 10 south of Commerce Road and west of the Huron-Clinton Metropolitan Authority Property; Section 11; Section 14 west of Old Plank Road; Section 15; Section 16; that portion of Section 21 west of Huron-Clinton Metropolitan Park Authority Property; that portion of Section 22 north of Huron-Clinton Metropolitan Park Authority Property; that portion of Section 23 west of Old Plank Road and north of Huron-Clinton Metropolitan Park Authority Property; Section 29; and Section 30.
(b) Hunting with or the discharge of a firearm is unlawful in Section 17 T2N, R7E, Milford Township, Oakland County, bounded on the north by General Motors Road; on the west by Hickory Ridge Road; on the east by Garner Road; and on the south by a line extending from Dawson Road west to Stobart Road.
(c) Hunting for any wild animal or wild bird with a firearm or bow and arrow, or the discharge of a firearm or bow, is prohibited within the defined and posted boundaries of the properties belonging to and under the control of the Huron-Clinton Metropolitan Authority designated as Kensington Metropolitan Park, being parts of Sections 9, 10, 16, 20, 21, 22, 23, 28, 29, 30 and 33 and all of Sections 31 and 32, Town 2 north, Range 7 east, Charter Township of Milford, Oakland County, State of Michigan.
(d) Hunting with or the discharge of a firearm is prohibited in the N 1/2 Section 20, T2N, R7E, Milford Township, Oakland County, except shot guns, flintlock or percussion cap muzzle loading rifles .44 caliber or larger may be used during those seasons open to the taking of wild animals and wild birds. This rule shall not apply to the discharge of firearms at target ranges under permit as may be authorized by the local unit of government.
(e) Hunting for any wild animal or wild bird with a firearm or bow and arrow, or the discharge of a firearm or bow is prohibited within the defined and posted boundaries of the properties belonging to and under control of the Huron-Clinton Metropolitan Authority designated as the Kensington Metropolitan Park, being part of Section 20.
(Ord. No. 105 § 1, 10-26-71)
Sec. 11-224. Notice.
That closure notice signs shall be placed and maintained giving notice of section 11-223.
(Ord. No. 105, § 4, 10-26-71)
Sec. 11-225. Destruction of signs.
Any person who shall willfully tear down, destroy or in any manner deface any of the closure notice signs required under section 11-224 shall be guilty of a misdemeanor.
(Ord. No. 105, 10-26-71)
Sec. 11-226. Discharge firearm near dwellings.
No person shall, in the township discharge a firearm within 150 yards of an occupied building, dwelling, house, residence or cabin or any barn or other building used in connection with a farm operation without obtaining the written permission of the owner, renter or occupant of the property.
(Ord. No. 151, § IV, 10-17-90)
Sec. 11-227. Certain rifles prohibited.
No person shall hunt with a centerfire rifle or rimfire rifle within the township.
(Ord. No. 151, § V, 10-17-90)
Sec. 11-228. Penalty.
Violations of this division are a misdemeanor and may be punished by a fine not to exceed $100.00 together with costs of prosecution or imprisonment in the county jail or such other place of detention as the court may prescribe, for a period not to exceed 90 days, or the fine, costs of prosecution, and imprisonment, at the discretion of the court.
(Ord. No. 125, § IV, 5-19-76)
Secs. 11-229--11-250. Reserved.
ARTICLE VIII. OFFENSES INVOLVING MINORS
Sec. 11-251. Definition.
For the purposes of this article, the term alcoholic liquor shall be as defined by state law.
(Ord. No. 138, § II, 7-16-80; Ord. No. 146, § 1, 3-19-86)
Sec. 11-252. Open house parties.
(a) Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult shall mean a person 17 years of age or older.
Control shall mean any form of regulation or dominion including a possessory right.
Drug shall mean a controlled substance as defined now or hereafter by the Public Acts of the state.
Minor shall mean a person not legally permitted by reason of age to possess alcoholic liquors pursuant to MCL 436.33b, MSA 18.1004(2), as the same may be amended from time to time.
Open house party shall mean a social gathering of persons at a residence, other than the owner or those with rights of possession or their immediate family members.
Residence shall mean a home, apartment, condominium or other dwelling unit and includes the curtilage of such dwelling unit.
(b) Prohibition. No adult having control of any residence shall allow an open house party to take place at such residence if any alcoholic beverage or drug is possessed or consumed at such residence by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at such residence, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at such residence.
(c) Exception. The provisions of this section shall not apply to legally protected religious observances.
(d) A person who violates this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 146, 3-19-86; Ord. No. 108A, § 9, 4-8-98)
Sec. 11-253. Penalties.
The penalties for violation of this article, except as set forth in section 11-255, shall be as follows:
(1) For the first violation, a fine not exceeding $500.00 or imprisonment in the county jail for a term not to exceed 30 days or by both such fine and imprisonment.
(2) For subsequent violations, a fine not exceeding $500.00 or imprisonment in the county jail for a term not to exceed 90 days or by both such fine and imprisonment.
(Ord. No. 146, § 4, 3-19-86; Ord. No. 170, § 1, 11-21-01)
Sec. 11-254. Reserved.
Editor's note: Ord. No. 170, § 2, adopted Nov. 21, 2001, repealed § 11-254 which pertained to offenses involving alcoholic liquors--sale, possession, transportation; confiscation of vehicles, and derived from Ord. No. 138, § IV, adopted July 16, 1980.
Sec. 11-255. Persons under 21, unlawful purchase, consumption or possession; arrest based upon reasonable cause or upon results of preliminary chemical breath analysis; participation in undercover programs.
(a) A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section. A person less than 21 years of age who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions.
(1) For the first violation, a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (c).
(2) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $200.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (c).
(3) For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $500.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (c).
(b) A person who furnishes fraudulent identification to a person less than 21 years of age, or notwithstanding subsection (a) a person less than 21 years of age who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(c) The court may order the person convicted of violating subsection (a) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the Public Health Code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.
(d) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (a) or (b) as provided in section 319 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.319.
(e) A peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the person less than 21 years of age has consumed or possessed alcoholic liquor. A person less than 21 years of age who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine or not more than $100.00.
(f) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of subsection (a) shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated subsection (a) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first class mail. If an individual less than 17 years of age is incarcerated for violating subsection (a), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(g) This section does not prohibit a person less than 21 years of age from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the applicable state act, by the commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption.
(h) This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this division.
(i) The consumption of alcoholic liquor by a person less than 21 years of age who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this section if the purpose of the consumption is solely educational and is a requirement of the course.
(j) The consumption by a person less than 21 years of age of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this section.
(k) Subsection (a) does not apply to a person less than 21 years of age who participates in either or both of the following:
(1) An undercover operation in which the person less than 21 years of age purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(2) An undercover operation in which the person less than 21 years of age purchases or receives alcoholic liquor under the direction of the state police, the liquor control commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the person less than 21 years of age was not under the direction of the state police, the liquor control commission, or the local police agency and was not part of the undercover operation.
(Ord. No. 138, § IV, 7-16-80; Ord. No. 170, § 3, 11-21-01)
Sec. 11-256. Same--Appearance ticket.
(a) Any law enforcement officer of the township who witnesses a person violating section 11-255, for which a civil fine is prescribed, may stop and detain the person for purposes of obtaining satisfactory identification, seizing illegally possessed alcoholic beverages, and issuing an appearance ticket.
(b) As used in this section, "appearance ticket" means a complaint or written notice issued and subscribed by a law enforcement officer, directing a designated person to appear in a designated district court at a designated time in connection with the alleged violation for which a civil fine is prescribed. The appearance ticket shall consist of the following parts:
(1) The original which shall be a complaint or notice to appear by the officer and filed with the court.
(2) The first copy which shall be the abstract of court record.
(3) The second copy which shall be delivered to the alleged violator.
(4) The third copy which shall be retained by the law enforcement agency.
(c) A judge may accept an admission of the allegations of an appearance ticket defendant and the judge shall then direct the civil sanctions imposed by section 11-255. If the defendant denies the allegations of the appearance ticket, the judge shall set a date for trial. If a person fails to appear on the date specified on the appearance ticket, the judge shall enter a default judgment against the defendant.
(Ord. No. 138, § V, 7-16-80)
Sec. 11-257. Possession or transport of liquor by minor.
It shall be unlawful for any person to knowingly possess or transport any alcoholic beverage or knowingly possess, transport or have under his control in any motor vehicle any alcoholic beverage unless such person shall have attained the age of 18 or unless such person is employed by a licensee under Act No. 8 of the Public Acts of Michigan of 1933 (MCL 436.1 et seq., MSA 18.971 et seq.), as amended, and is possessing, transporting, or having such alcoholic beverage in a motor vehicle under his control during regular working hours and in the course of his employment.
(Ord. No. 108, § 42, 5-9-72)
Sec. 11-258. Prohibition of minors where liquor sold.
It shall be unlawful for any minor child under 17 years of age to be permitted to remain in any dance hall, saloon, barroom or any place where any alcoholic liquor, or any wine or beer, or any beverage, liquor or liquors containing any spirituous or intoxicating liquor, beer or malt liquor is sold, given or furnished for a beverage, unless such minor is accompanied by parent or guardian. It shall be unlawful for any proprietor, keeper or manager of any such place to permit such minor child to remain in any such place, and it shall be unlawful for any person to knowingly encourage or induce in any way such minor child to enter such place or to remain therein.
(Ord. No. 108, § 38, 5-9-72)
Sec. 11-259. Furnishing alcoholic liquor to minors.
It shall be unlawful for any person to knowingly give or furnish any alcoholic liquor to a minor except upon authority of and pursuant to a prescription of a duly licensed physician.
(Ord. No. 108, § 39, 5-9-72)
Sec. 11-260. False information or evidence to secure liquor.
It shall be unlawful for any person to give false information regarding the age of another person under 18 years of age for the purpose of procuring the sale of intoxicating liquor to him or to furnish false documentary evidence to a person under 18 years of age who uses the evidence to purchase alcoholic liquor.
(Ord. No. 108, § 40, 5-9-72)
Sec. 11-261. Misrepresenting age to secure sale of liquor; furnishing false documentary evidence.
It shall be unlawful for any person under the age of 18 years to be documentary evidence, falsely represent himself to be 18 years of age or over, for the purpose of purchasing or attempting to purchase any alcoholic liquor, or to give any such false information regarding his age to any person selling alcoholic liquor, for the purpose of securing a sale thereof to himself or to any other person under the age of 18 years or any person who shall furnish false documentary evidence to any person under 18 years of age, to be used by any such person for the purpose of obtaining alcoholic liquor.
(Ord. No. 108, § 41, 5-9-72)
Sec. 11-262. Furnishing obscene books to children.
It shall be unlawful for any person to sell, give away or any way furnish to any minor child any book, pamphlet or other/printed paper or other thing, containing obscene language, or obscene prints, pictures, figures or descriptions tending to the corruption of the morals of youth, or any newspaper, pamphlets or other printed paper devoted to the publication of criminal news, police reports or criminal deeds. It shall be unlawful for any person to in any manner hire, use or employ such child to sell, give away, or in any manner distribute such books, pamphlets or printed papers. It shall be unlawful for any person having the care, custody or control of any such child, to permit him to engage in any such employment.
(Ord. No. 108, § 43, 5-9-72)
Sec. 11-263. Exhibition of obscene matter within the view of children.
It shall be unlawful for any person to exhibit upon any public street or highway, or in any other place within the view of children passing on any public street or highway, any book, pamphlet or other printed paper or thing containing obscene language or obscene prints, figures or descriptions, tending to the corruption of the morals of youth, or any newspaper, pamphlets or other printed paper or thing devoted to the publications of criminal news, police reports or criminal deeds.
(Ord. No. 108, § 44, 5-9-72)
Sec. 11-264. Contributing to neglect or delinquency of children.
Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a violation of this Code.
(Ord. No. 108, § 45, 5-9-72)
State law references: Similar provisions, MCL 750.145, MSA 28.340.
Sec. 11-265. Abandonment of children.
It shall be unlawful for any person, parent, guardian, custodian or anyone else to whose care children under 11 years of age are entrusted to leave, neglect or abandon such children in a parked motor vehicle in any public place or place open to the public without furnishing someone over the age of 17 years for supervision of such children.
(Ord. No. 108, § 48, 5-9-72)
Sec. 11-266. Minors under 12.
It shall be unlawful for any minor under the age of 12 years to loiter, idle or congregate in or on any public street, highway, alley or park between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.
(Ord. No. 108, § 46, 5-9-72)
Sec. 11-267. Minors under 16.
It shall be unlawful for any minor under the age of 16 years to loiter, idle, congregate, or otherwise be in or on any public street, highway, alley, park or any public place, between the hours of 12:00 midnight and 6:00 a.m., immediately following, except where the minor is accompanied by a parent or guardian or some adult above 21 years of age delegated by the parent or guardian to accompany such child, or where the presence of the minor in the place or places is connected with and required by some legitimate work, trade, profession, or occupation in which the minor is upon an emergency errand or other legitimate business directed by his parent or guardian.
(Ord. No. 108, § 47, 5-9-72)
State law references: Curfew for minors, MCL 722.751 et seq., MSA 28.342(1) et seq.
Sec. 11-268. Sale of tobacco products to minors.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Chewing tobacco means loose tobacco, or a flat, compressed cake of tobacco that is inserted into the mouth to be chewed or sucked.
Person who sells tobacco products at retail means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax.
Tobacco snuff means shredded, powdered or pulverized tobacco that may be inhaled through the nostrils, chewed or placed against the gums.
(b) A person shall not sell, give, or furnish any cigarette, cigar, chewing tobacco, tobacco snuff or tobacco in any other form to a person under eighteen (18) years of age. A person who violates this section is guilty of a municipal civil infraction, punishable by a fine of not more than fifty dollars ($50.00) for each offense.
(c) Beginning ninety (90) days after the effective date of this section, a person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:
"The purchase of tobacco products by a minor under eighteen (18) years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties."
(Ord. No. 164, § 1, 10-21-98)
Sec. 11-269. Use or possession of tobacco products by minor in public.
A person under eighteen (18) years of age shall not possess or smoke cigarettes or cigars; or possess or chew, suck or inhale chewing tobacco or tobacco snuff; or possess or use tobacco in any other form, on a public highway, street, alley, park or other lands used for public purposes, or any public place of business or amusement. A person who violates this section is guilty of a municipal civil infraction, punishable by a fine of not more than fifty dollars ($50.00) for each offense. Pursuant to a probation order, the court may require a person who violates this section to participate in a health promotion and risk reduction assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the cost of participating in the program. In addition, a person who violates this section may be subject to the court ordering community service and other appropriate legal sanctions.
(Ord. No. 164, § 2, 10-21-98)